Direito à moradia: judicialização, políticas públicas e efetivação

Abstract

The right to housing is a right of critical importance in the actual state of brazlian society, and its effectivenes is vital for the stablishment of the Democratic State of Law in Brazil. Thus, there are some figures and phenomena of law, oriented to the effectiveness of the right to housing, as the judiciliaziation of public policy, and its studies reveal transformative aspects of the protection of fundamental rights by the government. This paper, through the exploratory method of theorical research, intends to analize the right to housing, its nature, judicialization and effectiveness, beyond dealing with critical questions such as the alleged need of granting a property to each citizen in order to make the rought to housing effective, the legitimacy of the Judiciary Power to execute judicialization of public policy and other possible ways of granting the right to housing. Thus, as results of the research, were presented the difference between the right to housing and the right to inhabiting – even though they are similar -, with the intent to put down the alegation that granting a property is needed, as mentioned; the concepto f public policy and of judicialization; the demonstration of alternative proposals of right to housing effectiveness, other than judicizalizing it; and the analysis of a current right to housing public policy, with its relation to the actual scenary of such an important right.